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Page 8 --December 10, 1999 Z.B. <br /> <br />series of meetings. The commission initially required two traffic studies, and <br />the county engineer informed TravelCenters of three acceptable alternatives to <br />resolve a traffic problem with its site plan. The commission told TravetCenters <br />it would not approve the proposed site plan unless an additional driveway speci- <br />fied in the plan was acceptable to the countY engineer, the county planners, and <br />the zo~ng commission. <br /> The commission approved the site plan, contingent on a s~tisfactory reso- <br />lution between the county engineer and TravelCenters regarding the traffic <br />impact. TravelCenters asked the commission to either approve the site plan so <br />it could get a zoning certificate or issue a definitive denial.' The commission <br />responded by referring to its previous contingent approval of the site plan. <br /> TmvelCenters sued, seeking a court order to compel the commission to <br />approve the site plan. TravelCenters claimed it was entitled to appro~,al and <br />there was no plain remedy iff the course of law because the commission re- <br />fused to issue a definitive denial. <br /> BOth sides asked for judgment without a irial. The court granted the <br />commission's request. <br /> TravelCenter appealed. <br /> <br />DECISION: Affirmed. <br /> Even if the zoning board did not make a £mn decision, TravelCenters could <br />appeal the decision to the township board of zoning appeals. The ruling was <br />sufficiently definitive to constitute an appealable order, requirement, decision, <br />or determination. <br />Citation: TravelCenters of America Inc. v. Wes¢ield Township Zoning <br />Commission, Supreme Court of Ohio, No. 99-908 (1999). <br /> <br />see also: Kronenberger--Fodor Building Co. v. Parma, 297 N. E. 2d 525 (1973). <br /> <br /> Zoning Biweekly Bulletin '- <br />To order Zoning Biweekly Bulletin, call (800) 229-2084, or complete and <br />return this form to Quinlan Publishing Group, 23 Drydock Ave., Boston, MA <br />02210-2387, or fax (800) 539-8839. <br /> $99 (plus $5.81 s&h) -- 1 year (24 issues) <br /> C! New subscription 0 Payment enclosed <br /> Q Renewal subscription Q Bill me <br /> <br />Name <br /> <br />ZON9 <br /> <br />Organization <br /> <br />Address <br /> <br />City. State <br />Phone Fax <br />Email <br /> <br />Zip <br /> <br /> <br />